[Ord. No. 2016-53; Ord. No. 2018-40]
These regulations shall be known as the 2015 International Property
Maintenance Code (as amended herein) of the City of Asbury Park (the
City), hereinafter referred to as "this Code."
This Chapter shall be read and documented as: Chapter - Section.
For example, this section shall be documented as follows: 13-101.1.
The provisions of this Code shall apply to all existing residential
and nonresidential structures and all existing premises and constitute
minimum requirements and standards for premises, structures, equipment
and facilities for light, ventilation, space, heating, sanitation,
protection from the elements, a reasonable level of safety from fire
and other hazards, and for a reasonable level of sanitary maintenance;
the responsibility of owners, an owner's authorized agent, operators
and occupants; the occupancy of existing structures and premises,
and for administration, enforcement and penalties.
This Code shall be construed to secure its expressed intent,
which is to ensure public health, safety and welfare insofar as they
are affected by the continued occupancy and maintenance of structures
and premises. Existing structures and premises that do not comply
with these provisions shall be altered or repaired to provide a minimum
level of health and safety as required herein.
If a section, subsection, sentence, clause or phrase of this
Code is, for any reason, held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this Code.
Where there is a conflict between a general requirement and
a specific requirement, the specific requirement shall govern. Where
differences occur between provisions of this Code and the referenced
standards, the provisions of this Code shall apply. Where, in a specific
case, different sections of this Code specify different requirements,
the most restrictive shall govern.
Equipment, systems, devices and safeguards required by this
Code or a previous regulation or Code under which the structure or
premises was constructed, altered or repaired shall be maintained
in good working order. No owner, owner's authorized agent, operator
or occupant shall cause any service, facility, equipment or utility
that is required under this section to be removed from, shut off from
or discontinued for any occupied dwelling, except for such temporary
interruption as necessary while repairs or alterations are in progress.
The requirements of this Code are not intended to provide the basis
for removal or abrogation of fire protection and safety systems and
devices in existing structures. Except as otherwise specified herein,
the owner or the owner's authorized agent shall be responsible for
the maintenance of buildings, structures and premises.
Repairs, additions or alterations to a structure, or changes
of occupancy, shall be done in accordance with the procedures and
provisions of the International Building Code, International Existing
Building Code, International Energy Conservation Code, International
Fire Code, International Fuel Gas Code, International Mechanical Code,
International Residential Code, International Plumbing Code and NFPA
70 or adopted State and local codes. Nothing in this Code shall be
construed to cancel, modify or set aside any provision of the International
Zoning Code.
The provisions in this Code shall not be construed to abolish
or impair existing remedies of the jurisdiction or its officers or
agencies relating to the removal or demolition of any structure that
is dangerous, unsafe and unsanitary.
Repairs, maintenance work, alterations or installations that
are caused directly or indirectly by the enforcement of this Code
shall be executed and installed in a workmanlike manner and installed
in accordance with the manufacturer's instructions.
The provisions of this Code shall not be mandatory for existing
buildings or structures designated as historic buildings, where such
buildings or structures are judged by the Code Official to be safe
and in the public interest of health, safety and welfare.
The codes and standards referenced in this Code shall be those that are listed in Article 13-900 and considered part of the requirements of this Code to the prescribed extent of each such reference and as further regulated in Sections 13-102.7.1 and 13-102.7.2.
Exception: Where enforcement of a code provision would violate
the conditions of the listing of the equipment or appliance, the conditions
of the listing shall apply.
Where conflicts occur between provisions of this Code and the
referenced standards, the provisions of this Code shall apply.
Where the extent of the reference to a referenced code or standard
includes subject matter that is within the scope of this Code, the
provisions of this Code, as applicable, shall take precedence over
the provisions in the referenced code or standard.
Requirements necessary for the strength, stability or proper
operation of an existing fixture, structure or equipment, or for the
public safety, health and general welfare, not specifically covered
by this Code, shall be determined by the Code Official.
References to chapter or section numbers, or to provisions not
specifically identified by number, shall be construed to refer to
such chapter, section or provision of this Code.
If any provision of this Code, or any application of any provision,
is held invalid, the invalidity shall not affect other applications
of the provision, or other provisions of this Code, which reasonably
can be given effect despite the invalidity.
The provisions of this Code shall not be deemed to nullify any
provisions of local, state or federal law.
The Department of Property Improvement and Neighborhood Preservation
and Code Enforcement is hereby created and the executive official
in charge thereof shall be known as the Code Official.
The Code Official shall be appointed by the chief appointing
authority of the jurisdiction.
May be appointed in accordance with the prescribed procedures
of this jurisdiction.
The Code Official, member of the board of appeals or employee
charged with the enforcement of this Code, while acting for the jurisdiction,
in good faith and without malice in the discharge of the duties required
by this Code or other pertinent law or ordinance, shall not thereby
be rendered civilly or criminally liable personally, and is hereby
relieved from all personal liability for any damage accruing to persons
or property as a result of an act or by reason of an act or omission
in the discharge of official duties.
Any suit or criminal complaint instituted against any officer
or employee because of an act performed by that officer or employee
in the lawful discharge of duties and under the provisions of this
Code shall be defended by the legal representative of the jurisdiction
until the final termination of the proceedings. The Code Official
or any subordinate shall not be liable for costs in an action, suit
or proceeding that is instituted in pursuance of the provisions of
this Code.
The fees for activities and services performed by the department
in carrying out its responsibilities under this Code shall be as authorized
as per City Ordinance.
a.
Property Maintenance Code. The City of Asbury Park shall have the
right to conduct inspections on all structures that come within this
article. All inspections conducted pursuant to this article shall
be performed in accordance with the procedures set forth in the 2015
International Property Maintenance Code of the City of Asbury Park,
with the exception that any inspections conducted pursuant to the
Uniform Fire Code shall be performed in accordance with the provisions
set forth in the Uniform Fire Code and any inspection under the Hotel
and Multiple Dwelling Law shall be performed in accordance with the
N.J. Hotel and Multiple Dwelling Law.
b.
Certificate of Rental Compliance. No person, agency, corporation, partnership, firm, company, owner, real estate agent, broker or any other individual shall hereafter rent, lease or sublet to another or allow any person or persons to live in or occupy as a tenant or otherwise or suffer or permit any change in occupancy or use of any building, dwelling or dwelling unit or part thereof, as the owner of said premises or on behalf of the owner of said premises, without first obtaining from the Department of Neighborhood Preservation and Code Enforcement, a Certificate of Rental Compliance stating that at the time of the proposed rental lease or subletting, the premises complied with all applicable ordinances of the City of Asbury Park. The specific requirements for inspections for Rental Compliance are set forth in detail in Section 13-104 et seq. of this Code.
c.
Certificate of Resale Compliance for all Real Property at Time of
Sale and Transfer of Title. No person, agency, corporation, partnership,
firm, company, owner, real estate agent, broker or any other individual
shall hereafter sell or transfer title to real property to another,
or otherwise permit any change in occupancy or use of any building,
dwelling or dwelling unit or part thereof in conjunction with the
transfer of title to said premises, as the owner of said premises
or on behalf of the owner of said premises, without first obtaining
from the Department of Neighborhood Preservation and Code Enforcement,
a Certificate of Resale Compliance stating that at the time of the
proposed sale or transfer of title, the premises complied with all
applicable ordinances of the City of Asbury Park. The buyer and seller
of the property are equally responsible for the Certificate of Resale
Compliance process.
d.
In the event the owner or lessor of a premises fails to correct a
nuisance, defect or other violation, following proper notice of same,
the City of Asbury Park may take all necessary and appropriate actions
to abate said nuisance, correct said defect or violation or put said
premises in proper condition in accordance with state laws and local
ordinances at the cost of the owner of lessor. Pursuant to N.J.S.A.
40:48-2.12(f), the cost expended by the municipality for such purpose
shall be charged to the owner or lessor and shall become a lien against
said premises as provided by law. The City does not have the ability
to enforce terms and conditions of lease agreements; all violations
and summons shall be written to the owner or owner's property manager.
a.
Property Maintenance Code. All inspections conducted pursuant to
this article shall be performed in accordance with the procedures
set forth in the 2015 International Property Maintenance Code of the
City of Asbury Park, with the exception that any inspections conducted
pursuant to the Uniform Fire Safety Act shall be performed in accordance
to said Act and any inspections pursuant to the N.J. Hotel and Multiple
Dwelling Law shall be conducted in accordance and procedures set forth
therein.
b.
Certificate of Rental Compliance. The Department of Neighborhood
Preservation and Code Enforcement shall make available appropriate
application forms for Certificate of Rental Compliance in its' office,
and/or by any other means available. These forms shall be obtained
and completed by the owner, agent, or broker of each such rental property
and individual rental unit therein. All required inspections shall
be completed as evidenced by the issuance of a Certificate of Rental
Compliance before the continued occupancy of the rental property or
individual unit in a rental property occurs, and in accordance with
the requirements of Section 104 of this Code, below. The landlord
shall make application for an inspection under this section at least
ten (10) business days prior to the intended new tenancy/occupancy,
or the expiration of the current Certificate of Rental Compliance,
whichever is sooner, and the certificate of rental compliance shall
be issued before a new tenancy or change in occupancy is permitted.
The Department of Neighborhood Preservation and Code Enforcement shall
make an inspection and issue a certificate of compliance, if the dwelling
unit complies with the 2015 International Property Maintenance Code
of the City of Asbury Park.
c.
Certificate of Resale Compliance for all Real Property at Time of
Sale and Transfer of Title. The Department of Neighborhood Preservation
and Code Enforcement shall make available appropriate application
forms for a Certificate of Resale Compliance in its' office, and/or
by any other means available. It is the responsibility of the seller,
the seller's real estate agent or broker, to apply to the Department
of Neighborhood Preservation and Code Enforcement, not more than thirty
(30) days, nor less than (10) days prior to the expected date of sale,
for inspection by the Code Official or housing inspector. If such
inspection indicates that the building is in compliance with the provisions
of the 2015 International Property Maintenance Code of the City of
Asbury Park, a Certificate of Resale Compliance is issued to the applicant.
If the building is not in compliance, a list of existing deficiencies
and violations is provided to the seller who shall correct them prior
to closing of title in the sale.
1.
The buyer of a property for which a Certificate of Resale Compliance
is required may elect to make the corrections necessary to obtain
the Certificate of Resale Compliance required hereunder. In that event,
upon delivery to the Code Official of a written Letter of Intent,
signed by the buyer(s), with their signatures being notarized, indicating
their agreement for making all such necessary repairs to bring the
property into compliance within a time acceptable to the City, then
a Conditional Certificate of Resale Compliance may be issued. In no
event is the time period permitted for the buyer(s) to make repairs
after sale to be greater than six months.
d.
The Certificate of Resale Compliance, as set forth above, shall be
valid for a period of thirty (30) days from the date of issue. At
the end of the thirty (30) days, the Certificate of Resale Compliance
shall expire, and a new application and inspection must be submitted
and obtained prior to closing of title on the sale of the property
may occur.
e.
Violations of any requirement of this chapter must be corrected by
the owner of the unit/property before the issuance of a Certificate
of Rental or Resale Compliance. The responsibility for correction
of a violation, except in the case of a rental, may be assumed by
the buyer, with the written notification and approval of the seller,
buyer and Department of Neighborhood Preservation and Code Enforcement.
f.
Failure by seller to apply for and/or obtain a Certificate of Resale
Compliance prior to transfer of title, or failure of a buyer to complete
agreed-upon repairs within the time deemed acceptable by the City,
constitutes a violation of this chapter. Both the seller and buyer
shall be in violation of this Code, in the event a closing of title
on the sale of property occurs without first obtaining a Certificate
of Resale Compliance, in accordance with the procedures in this Code.
g.
In no event shall the issuance of a Certificate of Rental or Resale
Compliance pursuant to this Code be considered the same as, or a substitute
for, a Certificate of Occupancy under the New Jersey Uniform Construction
Code, N.J.A.C. 52:27D-119 et seq., as required in Chapter XII of the
City Code.
The Code Official is hereby authorized and directed to enforce
the provisions of this Code. The Code Official shall have the authority
to render interpretations of this Code and to adopt policies and procedures
in order to clarify the application of its provisions. Such interpretations,
policies and procedures shall be in compliance with the intent and
purpose of this Code. Such policies and procedures shall not have
the effect of waiving requirements specifically provided for in this
Code.
The Code Official shall make all of the required inspections,
or shall accept reports of inspection by approved agencies or individuals.
Reports of such inspections shall be in writing and be certified by
a responsible officer of such approved agency or by the responsible
individual. The Code Official is authorized to engage such expert
opinion as deemed necessary to report upon unusual technical issues
that arise, subject to the approval of the appointing authority.
In accordance with State and case law, where it is necessary
to make an inspection to enforce the provisions of this Code, or whenever
the Code Official has reasonable cause to believe that there exists
in a structure or upon a premises a condition in violation of this
Code, the Code Official, or a code officer in this Department, is
authorized to enter the structure or premises at reasonable times
to inspect or perform the duties imposed by this Code, provided that
if such structure or premises is occupied the Code Official or officer
shall present credentials to the occupant and request entry. If such
structure or premises is unoccupied, the Code Official shall first
make a reasonable effort to locate the owner, owner's authorized agent
or other person having charge or control of the structure or premises
and request entry. If entry is refused, the Code Official shall have
recourse to the remedies provided by law to secure entry.
The Code Official shall carry proper identification when inspecting
structures or premises in the performance of duties under this Code.
The Code Official shall issue all necessary notices or orders
to ensure compliance with this Code.
The Code Official shall keep official records of all business
and activities of the department specified in the provisions of this
Code. Such records shall be retained in the official records for the
period required for retention of public records.
Existing State of New Jersey law, code, regulations and rules
shall govern required repairs. In most circumstances, the repairs
will be completed under the auspices of the applicable Construction
or subcode official (for example: Fire or electrical subcode official
and the regulations that govern them). The Construction or subcode
official will have jurisdiction over the permitting and repair process.
Whenever there are practical difficulties involved in carrying out
the provisions of this Code, the Code Official shall have the authority
to grant modifications for individual cases upon application of the
owner or owner's authorized agent, provided the Code Official shall
first find that special individual reason makes the strict letter
of this Code impractical, the modification is in compliance with the
intent and purpose of this Code and that such modification does not
lessen health, life and fire safety requirements. The details of action
granting modifications shall be recorded and entered in the department
files.
Existing State of New Jersey law, code, regulations and rules
shall govern required repairs. In most circumstances, the repairs
will be completed under the auspices of the applicable Construction
or subcode official (for example: Fire or electrical subcode official
and the regulations that govern them). The Construction or subcode
official will have jurisdiction over the permitting and repair process.
The provisions of this Code are not intended to prevent the installation
of any material or to prohibit any method of construction not specifically
prescribed by this Code, provided that any such alternative has been
approved. An alternative material or method of construction shall
be approved where the Construction official finds that the proposed
design is satisfactory and complies with the intent of the provisions
of this Code, and that the material, method or work offered is, for
the purpose intended, at least the equivalent of that prescribed in
this Code in quality, strength, effectiveness, fire resistance, durability
and safety. Where the alternative material, design or method of construction
is not approved, the Code Official shall respond in writing, stating
the reasons the alternative was not approved.
Whenever there is insufficient evidence of compliance with the
provisions of this Code or evidence that a material or method does
not conform to the requirements of this Code, or in order to substantiate
claims for alternative materials or methods, the Construction official
shall have the authority to require tests to be made as evidence of
compliance at no expense to the jurisdiction.
Test methods shall be as specified in this Code or by other
recognized test standards. In the absence of recognized and accepted
test methods, the Construction official shall be permitted to approve
appropriate testing procedures performed by an approved agency.
Reports of tests shall be retained by the Code Official for
the period required for retention of public records.
The use of used materials that meet the requirements of this
Code for new materials is permitted. Materials, equipment and devices
shall not be reused unless such elements are in good repair or have
been reconditioned and tested where necessary, placed in good and
proper working condition and approved by the Construction official.
Materials, equipment and devices approved by the Construction
official shall be constructed and installed in accordance with such
approval.
Supporting data, where necessary to assist in the approval of
materials or assemblies not specifically provided for in this Code,
shall consist of valid research reports from approved sources.
It shall be unlawful for a person, firm or corporation to be
in conflict with or in violation of any of the provisions of this
Code.
The Code Official shall serve a notice of violation or order
in accordance with Section 108.
Any person failing to comply with a notice of violation or order
served in accordance with Section 108 of this Code shall be deemed
guilty of a misdemeanor or civil infraction as determined by the local
municipality. If the notice of violation is not complied with, the
Code Official shall institute the appropriate proceeding at law or
in equity to restrain, correct or abate such violation, or to require
the removal or termination of the unlawful occupancy of the structure
in violation of the provisions of this Code or of the order or direction
made pursuant thereto. Any action taken by the authority having jurisdiction
on such premises shall be charged against the real estate upon which
the structure is located and shall be a lien upon such real estate.
Any person who shall violate a provision of this Code, or fail
to comply therewith, or with any of the requirements thereof, shall
be prosecuted within the limits provided by state or local laws. Each
day that a violation continues after due notice has been served shall
be deemed a new and separate offense.
The imposition of the penalties herein prescribed shall not
preclude the legal officer of the jurisdiction from instituting appropriate
action to restrain, correct or abate a violation, or to prevent illegal
occupancy of a building, structure or premises, or to stop an illegal
act, conduct, business or utilization of the building, structure or
premises.
Whenever the Code Official determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 13-108.2 and 13-108.3 to the person responsible for the violation as specified in this Code. Notices for condemnation procedures shall also comply with Section 13-108.3.
a.
Such notice prescribed in Section 13-108.1 shall be in accordance with all of the following:
1.
Be in writing.
2.
Include a description of the real estate sufficient for identification.
3.
Include a statement of the violation or violations and why the notice
is being issued.
4.
Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring the dwelling unit or structure
into compliance with the provisions of this Code.
5.
Inform the property owner or owner's authorized agent of the right
to appeal.
a.
Such notice shall be deemed to be properly served if a copy thereof
is:
Signs, tags or seals posted or affixed by the Code Official
shall not be mutilated, destroyed or tampered with, or removed without
authorization from the Code Official.
Penalties for noncompliance with Orders and Notices shall be as set forth in Section 13-107.3.
It shall be unlawful for the owner of any dwelling unit or structure
who has received a compliance order or upon whom a notice of violation
has been served to sell, transfer, mortgage, lease or otherwise dispose
of such dwelling unit or structure to another until the provisions
of the compliance order or notice of violation have been complied
with, or until such owner or the owner's authorized agent shall first
furnish the grantee, transferee, mortgagee or lessee a true copy of
any compliance order or notice of violation issued by the Code Official
and shall furnish to the Code Official a signed and notarized statement
from the grantee, transferee, mortgagee or lessee, acknowledging the
receipt of such compliance order or notice of violation and fully
accepting the responsibility without condition for making the corrections
or repairs required by such compliance order or notice of violation.
The Department of Neighborhood Preservation and Code Enforcement shall
create, maintain and update forms to comply with this section from
time-to-time.
a.
Five Day Notice Period. A minimum five (5) day notice period prior
to the issuance of the Summons for the following violation:
1.
Transfer of Title Without Disclosure to purchaser of existing Violations.
b.
Forty-Eight Hour Notice Period. A minimum forty-eight (48) hour notice
period prior to the issuance of a Summons for the following violations:
c.
No Notice Required. No notices of violation shall be required prior
to the issuance of a Summons for the following violations:
1.
Failure to provide Required Utilities (Water);
2.
Failure to provide Required Utilities (Electric and Heat);
3.
Failure to obtain a Certificate of Occupancy before Occupancy or
Transfer of Title prior to closing of title;
4.
Trash at curb on days when pickup is not scheduled and not in compliance
with the Solid Waste chapter of the City Code;
5.
Failure to provide proper snow removal;
6.
Prohibited occupancy of a placarded structure;
7.
Sanitation (exterior property and premises to be maintained clean
and sanitary);
8.
Grass, Weeds and plant growth in excess of 10 inches unless previous
direction or communication has been provided;
9.
Accumulations of garbage or rubbish;
10.
Failure to provide clean, sanitary disposal of rubbish in a
container;
11.
Failure to provide clean, sanitary disposal of garbage in a
container;
12.
Overcrowding;
13.
Occupying non-habitable spaces for sleeping purposes;
14.
Failure to maintain a safe, unobstructed means of egress;
15.
Accumulations of trash, rubbish or other materials blocking
egress;
16.
Tampering with a smoke or carbon monoxide detector;
17.
Failure to provide operable smoke and carbon monoxide systems
at all times;
18.
Any other items or violations deemed compliant with this section,
which, in the discretion of the Code Official or officer, affect the
health or safety concerns of the citizens.
When a structure or equipment is found by the Code Official
to be unsafe, or when a structure is found unfit for human occupancy,
or is found unlawful, such structure shall be condemned pursuant to
the provisions of this Code.
An unsafe structure is one that is found to be dangerous to
the life, health, property or safety of the public or the occupants
of the structure by not providing minimum safeguards to protect or
warn occupants in the event of fire, or because such structure contains
unsafe equipment or is so damaged, decayed, dilapidated, structurally
unsafe or of such faulty construction or unstable foundation, that
partial or complete collapse is possible.
Unsafe equipment includes any boiler, heating equipment, elevator,
moving stairway, electrical wiring or device, flammable liquid containers
or other equipment on the premises or within the structure which is
in such disrepair or condition that such equipment is a hazard to
life, health, property or safety of the public or occupants of the
premises or structure.
A structure is unfit for human occupancy whenever the Code Official
finds that such structure is unsafe, unlawful or, because of the degree
to which the structure is in disrepair or lacks maintenance, is insanitary,
roach, vermin or rat infested, contains filth and contamination, or
lacks ventilation, illumination, sanitary or heating facilities or
other essential equipment required by this Code, or because the location
of the structure constitutes a hazard to the occupants of the structure
or to the public.
An unlawful structure is one found in whole or in part to be
occupied by more persons than permitted under this Code, or was erected,
altered or occupied contrary to law.
a.
For the purpose of this Code, any structure or premises that has
any or all of the conditions or defects described below shall be considered
dangerous:
1.
Any door, aisle, passageway, stairway, exit or other means of
egress that does not conform to the approved building or fire code
of the jurisdiction as related to the requirements for existing buildings.
2.
The walking surface of any aisle, passageway, stairway, exit
or other means of egress is so warped, worn loose, torn or otherwise
unsafe as to not provide safe and adequate means of egress.
3.
Any portion of a building, structure or appurtenance that has
been damaged by fire, earthquake, wind, flood, deterioration, neglect,
abandonment, vandalism or by any other cause to such an extent that
it is likely to partially or completely collapse, or to become detached
or dislodged.
4.
Any portion of a building, or any member, appurtenance or ornamentation
on the exterior thereof that is not of sufficient strength or stability,
or is not so anchored, attached or fastened in place so as to be capable
of resisting natural or artificial loads of one and one-half the original
designed value.
5.
The building or structure, or part of the building or structure,
because of dilapidation, deterioration, decay, faulty construction,
the removal or movement of some portion of the ground necessary for
the support, or for any other reason, is likely to partially or completely
collapse, or some portion of the foundation or underpinning of the
building or structure is likely to fail or give way.
6.
The building or structure, or any portion thereof, is clearly
unsafe for its use and occupancy.
7.
The building or structure is neglected, damaged, dilapidated,
unsecured or abandoned so as to become an attractive nuisance to children
who might play in the building or structure to their danger, becomes
a harbor for vagrants, criminals or immoral persons, or enables persons
to resort to the building or structure for committing a nuisance or
an unlawful act.
8.
Any building or structure has been constructed, exists or is
maintained in violation of any specific requirement or prohibition
applicable to such building or structure provided by the approved
building or fire code of the jurisdiction, or of any law or ordinance
to such an extent as to present either a substantial risk of fire,
building collapse or any other threat to life and safety.
9.
A building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay,
damage, faulty construction or arrangement, inadequate light, ventilation,
mechanical or plumbing system, or otherwise, is determined by the
Code Official to be unsanitary, unfit for human habitation or in such
a condition that is likely to cause sickness or disease.
10.
Any building or structure, because of a lack of sufficient or
proper fire-resistance-rated construction, fire protection systems,
electrical system, fuel connections, mechanical system, plumbing system
or other cause, is determined by the Code Official to be a threat
to life or health.
11.
Any portion of a building remains on a site after the demolition
or destruction of the building or structure or whenever any building
or structure is abandoned so as to constitute such building or portion
thereof as an attractive nuisance or hazard to the public.
If the structure is vacant and unfit for human habitation and
occupancy, and is not in danger of structural collapse, the Code Official
is authorized to post a placard of condemnation on the premises and
order the structure closed up so as not to be an attractive nuisance.
Upon failure of the owner or owner's authorized agent to close up
the premises within the time specified in the order, the Code Official
shall cause the premises to be closed and secured through any available
public agency or by contract or arrangement by private persons and
the cost thereof shall be charged against the real estate upon which
the structure is located and shall be a lien upon such real estate
and shall be collected by any other legal resource.
The Code Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this Code and the referenced codes and standards set forth in Section 13-102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The Code Official shall notify the serving utility and, whenever possible, the owner or owner's authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner, owner's authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.
Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner's authorized agent or the person or persons responsible for the structure or equipment in accordance with Section 13-107.3. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be in the form prescribed in Section 13-107.2.
Upon failure of the owner, owner's authorized agent or person
responsible to comply with the notice provisions within the time given,
the Code Official shall post on the premises or on defective equipment
a placard bearing the word "Condemned" and a statement of the penalties
provided for occupying the premises, operating the equipment or removing
the placard.
The Code Official shall remove the condemnation placard whenever
the defect or defects upon which the condemnation and placarding action
were based have been eliminated. Any person who defaces or removes
a condemnation placard without the approval of the Code Official shall
be subject to the penalties provided by this Code.
Any occupied structure condemned and placarded by the Code Official
shall be vacated as ordered by the Code Official. Any person who shall
occupy a placarded premises or shall operate placarded equipment,
and any or person responsible for the premises who shall let anyone
occupy a placarded premises or operate placarded equipment shall be
liable for the penalties provided by this Code.
The owner, owner's authorized agent, operator or occupant of
a building, premises or equipment deemed unsafe by the Code Official
shall abate or cause to be abated or corrected such unsafe conditions
either by repair, rehabilitation, demolition or other approved corrective
action.
The Code Official shall cause a report to be filed on an unsafe
condition. The report shall state the occupancy of the structure and
the nature of the unsafe condition.
When, in the opinion of the Code Official, there is imminent
danger of failure or collapse of a building or structure that endangers
life, or when any structure or part of a structure has fallen and
life is endangered by the occupation of the structure, or when there
is actual or potential danger to the building occupants or those in
the proximity of any structure because of explosives, explosive fumes
or vapors or the presence of toxic fumes, gases or materials, or operation
of defective or dangerous equipment, the Code Official is hereby authorized
and empowered to order and require the occupants to vacate the premises
forthwith. The Code Official shall cause to be posted at each entrance
to such structure a notice reading as follows: "This Structure Is
Unsafe and Its Occupancy Has Been Prohibited by the Code Official."
It shall be unlawful for any person to enter such structure except
for the purpose of securing the structure, making the required repairs,
removing the hazardous condition or of demolishing the same.
Notwithstanding other provisions of this Code, whenever, in
the opinion of the Code Official, there is imminent danger due to
an unsafe condition, the Code Official shall order the necessary work
to be done, including the boarding up of openings, to render such
structure temporarily safe whether or not the legal procedure herein
described has been instituted; and shall cause such other action to
be taken as the Code Official deems necessary to meet such emergency.
When necessary for public safety, the Code Official shall temporarily
close structures and close, or order the authority having jurisdiction
to close, sidewalks, streets, public ways and places adjacent to unsafe
structures, and prohibit the same from being utilized. The Code Official
shall immediately contact the Chief of Police (or highest ranking
officer), Fire Chief and the City Manager.
For the purposes of this section, the Code Official shall employ
the necessary labor and materials to perform the required work as
expeditiously as possible. This work shall be then liened against
the property as to ensure complete reimbursement.
Costs incurred in the performance of emergency work shall be
paid by the jurisdiction. The legal counsel of the jurisdiction shall
institute appropriate action against the owner of the premises or
owner's authorized agent where the unsafe structure is or was located
for the recovery of such costs.
Any person ordered to take emergency measures shall comply with
such order forthwith. Any affected person shall thereafter, upon petition
directed to the appeals board, be afforded a hearing as described
in this Code.
The Code Official shall order the owner or owner's authorized
agent of any premises upon which is located any structure, which in
the Code Official's or owner's authorized agent judgment after review
is so deteriorated or dilapidated or has become so out of repair as
to be dangerous, unsafe, insanitary or otherwise unfit for human habitation
or occupancy, and such that it is unreasonable to repair the structure,
to demolish and remove such structure; or if such structure is capable
of being made safe by repairs, to repair and make safe and sanitary,
or to board up and hold for future repair or to demolish and remove
at the owner's option; or where there has been a cessation of normal
construction of any structure for a period of more than two years,
the Code Official shall order the owner or owner's authorized agent
to demolish and remove such structure, or board up until future repair.
Boarding the building up for future repair shall not extend beyond
six months, unless approved by the Construction official.
Notices and orders shall comply with Section 13-108.
If the owner of a premises or owner's authorized agent fails
to comply with a demolition order within the time prescribed, the
Code Official shall cause the structure to be demolished and removed,
either through an available public agency or by contract or arrangement
with private persons, and the cost of such demolition and removal
shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate.
When any structure has been ordered demolished and removed,
the governing body or other designated officer under said contract
or arrangement aforesaid shall have the right to sell the salvage
and valuable materials. The net proceeds of such sale, after deducting
the expenses of such demolition and removal, shall be promptly remitted
with a report of such sale or transaction, including the items of
expense and the amounts deducted, for the person who is entitled thereto,
subject to any order of a court. If such a surplus does not remain
to be turned over, the report shall so state. All sales of materials
shall be in accordance with the Local Public Contracts Law or Court
Order.
Any person directly affected by a decision of the Code Official
or a notice or order issued under this Code shall have the right to
appeal to the court of competent jurisdiction.
Whenever the Code Official finds any work regulated by this
Code being performed in a manner contrary to the provisions of this
Code or in a dangerous or unsafe manner, the Code Official is authorized
to issue a stop work order.
A stop work order shall be in writing and shall be given to
the owner of the property, to the owner's authorized agent, or to
the person doing the work. Upon issuance of a stop work order, the
cited work shall immediately cease. The stop work order shall state
the reason for the order and the conditions under which the cited
work is authorized to resume.
Where an emergency exists, the Code Official shall not be required
to give a written notice prior to stopping the work.
Any person who shall continue any work after having been served
with a stop work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall be liable
to a fine of not less or more than established by Ordinance.
